WW1 BATTLEFIELD TOURS

Terms of Use

Our agreement with you :

You need to be aware of certain things when you use the TrueBlue-DiggerTours.com website (the « Website ») and the services provided by or through it as described herein (collectively the “Services”). This Terms of Service agreement (the “Agreement”) explains these things and sets out the legal relationship between you and us in connection with the Website and the Services.

The term True Blue Digger Tours (“TBDT” or ‘us’ or ‘we’ and terms of similar meaning) refers to the owner of the Website. Our company registration number is [company registration number and place of registration] and registered office is [address]. The term ‘you’ refers to the user of our Website and the Services.

TBDT provides the Website and the Services to you subject to this Agreement. It contains the terms and conditions, explains our obligations to you, and your obligations to us in relation to the Website and the Services. Please read this Agreement carefully before using the Website and the Services as it applies to, and governs your use of, the Website as well as to all the bookings of our Western Front battlefield tours that you make using it. By accessing or using this Website or Services you signify your agreement to comply with and be bound by the terms, conditions, notices and disclaimers contained in this Agreement. If you do not agree with any part of this Agreement, please do not use our website or services.

Privacy Policy :

Our Privacy Statement which forms part of these general terms, explains how TBDT collects, uses and discloses personally identifiable information from users of this Website and the Services. By using the Website and the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Statement.

Service :

TBDT is a specialist touring company that offers specialist guided tours of WW1 battlefields fought by ANZAC troops on the Western Front including the Somme and Flanders Fields (the tours offered by TBDT, collectively the “Tours”). The Website describes the Tours provided by TBDT and enables site visitors to book the Tours as well as to provide feedback and make comments about their Western Front battlefield touring experience on a guestbook.

The Website is only a guide to the services provided by TBDT. Full tour details and confirmed pricing will be provided when you make your booking. All requests for tour bookings are subject to availability.

Ownership, Copyright and Trademarks :

In this Agreement the information available on the Website, including all text, data, logos, marks, designs, graphics, pictures, videos, sound files, other files, and their selection and arrangement, is called “Content”. As well as enabling a visitor to book our Western Front battlefield tours, the Website provides facilities that enable users to provide feedback and submit Content, including text, photographs and videos about their relatives’ involvement in WWI and/or their own personal tour experiences on the Western Front battlefields. Collectively, the Content provided by all users and available on the Website, whether they have undertaken any TBDT Tour is referred to as “User Content”. User Content is that User’s property. TBDT’s only right to that User Content is the limited licenses to it granted in this Agreement.

TBDT does not endorse any User Content submitted to or through the Website or any opinion, recommendation, or advice expressed therein, and TBDT expressly disclaims any and all responsibility and liability in connection with this Content or for any loss or damage that it or its use may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Website, and we may do this at any time and for any reason.

Other than the User Content, all Content available on the Website or used to provide and operate the Services is the property of TBDT or its licensors, and is protected by French and international copyright laws, and all rights to such Content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TBDT.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit on or in connection with this Website or the Services. We do not claim any ownership interest in your User Content. Such Content is your property and you retain all of your ownership rights in it. However, by submitting your User Content you hereby specifically grant TBDT a non-exclusive, royalty-free, sub-licensable and transferable worldwide right and license to now and in the future use, publish, display, perform, reproduce, distribute, create and prepare derivative works of, modify, adapt, translate, make available online or electronically transmit the Content in connection with the Website and TBDT’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on or though the Website. And they are transferable because we need the right to transfer these licenses to any successor operator of the Website and the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Website and the Services does this to your User Content when it processes it for use on or through the Website.

You also hereby grant each user of the Website a non-exclusive license to now and in the future, access and view your User Content as permitted through the functionality of the Website and under these Terms of Service. You therefore understand and agree that TBDT does not guarantee any confidentiality with respect to any Content you submit.

The above licenses granted by you in your User Content are perpetual and irrevocable.

You also agree that your User Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant TBDT all of the license rights granted herein.

You further agree that you will not submit to the Website any Content or other material that is contrary to applicable local, national, and international laws and regulations.

TBDT maintains a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. It does not permit copyright infringing activities and infringement of intellectual property rights on the Website and will remove all Content if properly notified that such Content infringes the intellectual property rights of a third party. TBDT reserves the right to remove Content without prior notice.

Other than for the following :

* you may print or download to a local hard disk extracts for your personal and non-commercial

use only; and* you may copy the content and send this without any modification to individual third parties for

their personal use, but only if you acknowledge this website as the source of the material.

works of any part or all of the Content (except for page caching) except as expressly permitted

in these Terms;* remove or modify any copyright, trademark, or other proprietary notices that have been placed

in the Content;* transmit or store the Content in any other website or other form of electronic retrieval system;* for any other purpose, any of the Content and personally identifiable information, including

names, provided by other users;* use the Services or the Content other than for their intended purpose; and* collect, harvest, or use any data mining, robots or similar data gathering or extraction methods,

any of the Content and personally identifiable information, including names, provided by other

users, for any purpose other than using the functionality of the Website to access and display the

Content provided by other users.

Tour Prices :

All tour prices shown on the Website are in Euro and unless already paid by you, are subject to change without notice.

Anything not specifically included in a tour is at your own expense.

Booking, Deposit and Final Payment :

To book a tour or tours you must use the Contact form on this website and therein specify the tour(s) and the date(s) together with the names of each person wishing to undertake those tour(s).

At the time of booking you are required to advise TBDT of any physical, medical or other special needs that require accommodating. If TBDT considers a person unsuitable for any particular tour it may, at its discretion, refuse to carry that person on the tour. TBDT does not employ medical personnel. Any necessary medical attention will be provided by a local facility at your own expense. TBDT is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services received.

If the tour(s) and the date(s) that you have selected is/are available then within approximately 7 days after receipt of your booking, TBDT will send you a Booking Confirmation by email. Within seven days from the receipt of this Booking Confirmation you must pay a non-refundable deposit of 30% per person, per tour, and the final balance must be received by TBDT at least twenty-one (21) days prior to the commencement of your tour(s).

All communications from TBDT will be made to the person making the booking and the person making a booking will be deemed to have accepted these terms and conditions on behalf of everyone named in the booking.

Unless otherwise specified all tours are on a non-exclusive/shared basis and are conducted exclusively in English.

Cancellations and Refunds :

Full refund of your tour fees paid less the non-refundable deposit, is available for written cancellations received by TBDT twenty-one (21) or more days before the date of the tour(s).

Refund of 50% of your tour fees less the non-refundable deposit, is available for written cancellations received by TBDT fourteen (14) or more days but less than twenty-one (21) before the date of the tour(s).

No refund is available for cancellations received by TBDT under fourteen (14) days before the date of the tour(s), which includes “no shows” on the day.

If you have booked a tour and find yourself unable to attend on that date, you may move to an alternate date if that date is available, provided however that you give TBDT at least two (2) full days written notice.

Any change or substitution of a passenger name within twenty-one (21) days of the date of the tour(s) will be deemed a cancellation, and applicable cancellation fees will apply.

TBDT makes no representation or guarantees concerning reimbursements of tour fees paid by you under any insurance claim.

Tours are based on a minimum number of passengers travelling and in the unlikely event of insufficient numbers, tours may be cancelled at the discretion of TBDT.

If a tour cannot proceed due to flood, earthquake, war or civil strife, acts of terrorism, hurricane, cyclone, industrial disturbance, economic downturn, strike, fire, lock out, epidemic, failure or delays of scheduled transportation facilities, or other Acts of God, or any law, order, decree, rule or regulation of any government authority, or for any reason whether of a similar or dissimilar nature beyond the control of TBDT, this agreement shall terminate and there shall be no claim for damages by either party against the other.

If a tour is cancelled by TBDT, then its liability will be limited to a full refund of the tour fees paid for that tour. However, no refund will be applicable in the event that any tour is prevented due to “Force Majeure”.

If a tour is cancelled by TBDT then TBDT will not be responsible for any other travel arrangements affected by, or costs imposed because of the cancellation.

You must provide a telephone number, email or address where you can be reached, if necessary, within twenty-four (24) hours prior to the commencement time of your tour.

Tour Transfers :

All transfers from/to your hotel are based on group transfers and no refund is available for missed transfers or persons not using the transfer service. All transfers are included in the tour price however it is your responsibility to ensure that you are at the pickup point as specified and at the time nominated.

Passports and Visas :

It is your responsibility to have a valid passport (which is valid for at least six (6) months from your last day of travel) and all visas, permits and certificates required for the selected tour. If you are travelling on an Australian passport, you will not need visas to any countries the tours visit.

Destination Advice :

TBDT makes no representations as to the safety, conditions or other issues that may exist at any destination. You should obtain travel advice, including advice from the Australian Department of Foreign Affairs and Trade at Smartraveller.and TBDT recommends that you register your travel plans with and subscribe to the travel advice updates provided by this Australian Government service.

Travel Insurance :

It is a condition of travel with TBDT that each passenger is covered by comprehensive travel insurance at the time of the tour and must carry their emergency contact information with them at all times. You are asked to check the contingencies of your insurance cover and ensure that you are aware of its conditions and omissions.

Your Baggage :

All baggage and personal effects are at all times and in all circumstances at your risk. TBDT recommends Baggage insurance.

Tour Participation :

TBDT tours generally involve visits to rural areas and a reasonable amount of walking will be required as part of the tour. At Anzac Day services, crowd numbers, traffic controls and security restrictions dictate that the tour group may have to walk some distance to reach commemorative sites. Western Front Anzac services generally allow coach drop-offs and pick-ups near the commemorative site, but this is not guaranteed. You should also be aware that only limited seating is available at Anzac Day services and, while TBDT will do its best to arrive in time to secure seating, this is not guaranteed and thus you may have to stand for the length of the commemorative service.

Tour Variations :

All possible effort will be made to adhere to the published tour itinerary. Occasionally circumstances beyond the control of TBDT will force changes, amendments or modifications to the itinerary and its inclusions. TBDT cannot be held responsible for any omissions or modifications to the itinerary or the inclusions made as a consequence of these changes. In addition, while every effort is made to ensure that the advertised tour guide accompanies a tour, illness or other reasons beyond the control of TBDT may prevent thjat specific tour guide from travelling. In this case TBDT will endeavour to find a knowledgeable substitute to take their place.

Warranty Disclaimer :

The Content contained on this website is for your general information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Service. The Website, its Content and Service are provided « as is » and while we endeavour to ensure the accuracy of the Website and its Content, we and/or our agents as applicable, do not warrant, guarantee, or make any representations, express or implied, regarding the use of the Website or the results of the use with respect to, completeness, accuracy, timeliness, reliability, performance, security capability, suitability, availability, currency or otherwise with respect to the Website or the Content on it for any particular purpose and, to the maximum extent allowed by applicable law, we and our agents as applicable, expressly disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement.

There is no warranty that the Website will meet your specific requirements. Your use of, and of any Content on, this website is strictly at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements. You acknowledge that such Content on this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You will not hold us and/or our agents as applicable, responsible for any loss or damages including without limitation, consequential, indirect, incidental or special loss or damage, whatsoever arising out of, or in connection with, you accessing the Website or using or inability to use the Website, including, but not limited to, any infections or contaminations of the devices you use to access the same that may result from that use.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, we and/or our agents as applicable, shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed 100 Euro.

Every effort is made to keep the Website up and running smoothly. However, we and/or our agents, as applicable, take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. There is no warranty that your access to the Website will be uninterrupted or error-free.

Under no circumstances shall we and/or our agents as applicable, be liable for any unauthorized use of the Website.

The Website contains Content which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics subject to copyright and other intellectual property rights under the law. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the us, are acknowledged on the website.

You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TBDT. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Maps, photographs and videos are shown on the Website for general information and do not necessarily reflect actual routes, locations or services provided by TBDT. Photographs and videos may show places in the general area visited, but not necessarily included in the Tours.

This website also includes links to other third-party websites (“Third-Party Websites”). These links are provided as a convenience to provide you with further information, but do not necessarily imply that we recommend or endorse the Third-Party Websites, their content or the services provided or the views expressed within them.

We make no claim or representation regarding Third-Party Websites, the Contents or services provided therein.

We do not own or have any control over, and assume no responsibility for, the quality, nature, content, availability, reliability of, privacy policies, or practices of any Third-Party Website. In addition, we will not and cannot censor or edit the content of any Third-Party Website. When you leave this Website, our terms and policies no longer govern and you use the Third-Party Websites and any Content or service provided there, at your own risk. By using the Service, you expressly relieve us from any and all liability arising from your use of any Third-Party Websites. We recommend that when you leave this website that you read the terms and conditions and privacy policy of each other website that you visit.

All content on this website is subject to change without notice.

Limitation of liability :

To the extent permitted by law, TBDT excludes all liability for any loss or damage whatsoever (including but not limited to physical and psychological injury, and loss or damage to property of whatever nature) arising out of or in any way relating to your use of the Website, the Content or the Services. You use the Website, the Content, and the Services at your own risk. If the law implies a condition or warranty that cannot be excluded, TBDT’s liability for a breach of the conditions or warranty will be limited as determined by TBDT to the re-supply or payment of the cost of re-supplying the relevant goods or services.

Complaints Procedure :

Should you have a complaint while on the tour, you should inform your Tour Guide immediately. If the matter cannot be resolved after the Tour Guide’s best endeavours to do so during the tour, your complaint can be made in writing to TBDT using Contact form on this Website.

TBDT cannot be held responsible for issues that were not brought to our attention during the course of a tour.

Applicable Law and Venue :

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Website and the Services provided by TBDT. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of France govern this Agreement and your use of the Website. You expressly agree that the courts in France have exclusive jurisdiction over any claim or dispute with us or relating in any way to your use of the Website or the Services. In connection with any such dispute including any claim involving us or our agents, you further agree and expressly consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

Changes to the Terms of Service :

These are our current Terms of Service and replace any others which have appeared previously on this Website. TBDT reserves the right to change or modify or revise any of the terms and conditions contained in this Terms of Service, or any policy or guideline applicable to the Services, at any time and in its sole discretion, and such amendments will be effective immediately upon posting of the modified Terms of Service on this Website. By accepting these Terms of Service, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of our Website or Services will constitute your acceptance of those amendments. You should therefore from time to time as appropriate to you review the Terms of Service and any policies and documents incorporated therein to understand the terms and conditions that apply to your use of the Website and the Services.

Miscellaneous :

This Agreement and any other terms or documents referred to herein represent the entire agreement between you and TBDT regarding your use of the Website, the Content, and the Services and supersede all prior or contemporaneous communications whether electronic, oral or written between you and TBDT regarding your use of them.

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

TBDT may assign any or all of its rights hereunder to any party without your consent.